Kumar v RSK Constructions Pty Ltd [2021] NSWCATAP 342

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kumar v RSK Constructions Pty Ltd [2021] NSWCATAP 342 Hearing dates: 27 September 2021 Date of orders: 02 November 2021 Decision date: 02 November 2021 Jurisdiction: Appeal Panel Before: The Hon F Marks Principal Member P H Molony Senior Member Decision: (1) The appeals brought by the appellant are upheld. (2) The orders made by the Tribunal in HB 20/47784 and HB 20/36459 are set aside. (3) The proceedings in HB 20/47784 and HB 20/36459 are remitted to the Tribunal differently constituted for reconsideration in such manner and subject to such conditions as the Tribunal may determine is appropriate in all the circumstances. Catchwords: APPEALS – applications brought before Consumer and Commercial Division – failure by parties to raise issues identified in directions hearings – failure by Tribunal to consider fundamental issues including identification of contracting parties, the contract and compliance with statutory requirements – failure to accord procedural fairness – held proceedings miscarried – orders set aside and proceedings remitted for reconsideration before Tribunal differently constituted. Legislation Cited: Civil and Administrative Tribunal Act s81 Home Building Act ss 7AAA, 10 Cases Cited: Nil Category: Principal judgment Parties: Pardeep Kumar (Appellant) RSK Constructions Pty Ltd (1st Respondent) Mohamed Raees Kirsten (2nd Respondent) Representation: E Georges solicitor (Appellant) M Kirsten agent (Respondents)